Page No.# 1/4 GAHC030004922024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RFA/28/2024 Smt. V. Laldinpuii and 3 Ors. W/o Lalremsanga (L), R/o Mission Veng, Aizawl, Mizoram 2: Km. Biaknunsangi Pautu 3: Km. Lallawmsangi Pautu 4: Km. Lalpeksangi Paut VERSUS Smt. Laldinsangi Pautu D/o Lalremsanga (L), R/o Dawrpui, Aizawl, Mizoram Advocate for the Petitioner : Mr Zoramchhana Advocate for the Respondent : Mr B Lalramenga Page No.# 2/4 ORDER BEFORE HONOURABLE MR. JUSTICE NELSON SAILO 11.06.2025 Heard Mr. Zoramchhana, learned counsel for the appellants and Mr. B. Lalramenga, learned counsel for the sole respondent. This is an appeal filed under Order 41 Rule 1 CPC read with Section 17(2) of the Mizoram Civil Courts Act, 2005 challenging the validity and legality of the impugned Order dated 14.02.2024 along with the impugned Succession Certificate No. 48/2024 (a)(b) (c)&(d) passed by the Court of Civil Judge (Senior Division) – I, Aizawl in Succession Certificate Case No. 48/2024. [2.] It is the case of the appellants that the appellant No. 1 is the legitimate wife of the deceased Lalremsanga who expired on 16.12.2023 and the appellant Nos. 2, 3 & 4 are the children. The sole respondent is the daughter of the deceased person from his first marriage. It is also the case of the appellants that the deceased person had left behind certain amount of money in five (5) different Bank Accounts and for which, the sole respondent without informing them and without their knowledge had secured the Succession Certificate. The total amount of money deposited in the five (5) Bank Accounts amounts to Rs. 35,70,509.06/-. Page No.# 3/4 [3.] It therefore appears that without hearing the appellants or any person interested, the learned Court below has apparently granted the Succession Certificate to the sole respondent and therefore in the considered view of this Court, the matter should be reconsidered by the learned Trial Court by giving reasonable opportunity to the party(s) interested. [4.] Mr. B. Lalramenga, learned counsel for the sole respondent as well as Mr. Zoramchhana, learned counsel for the appellants do not have objection if the matter is remanded back to the learned Trial Court for fresh consideration. Mr. Zoramchhana, learned counsel submits that pursuant to the grant of Succession Certificate to the respondent, the amount lying in the five (5) Bank Accounts has been withdrawn by the respondent and therefore, pending reconsideration of the Succession Certificate, the said amount should be directed to be deposited before the Court. [5.] Considering the submissions made, the matter is remanded back to the learned Trial Court for fresh consideration by giving reasonable opportunity to the parties interested. Since the parties are represented before this Court, they are directed to appear before the learned Trial Court i.e., Civil Judge (Senior Division) – I, Aizawl on 23.06.2025. On their appearance, the Trial Court shall proceed with the matter in accordance with law and make an endeavor to Page No.# 4/4 dispose of the case as expeditiously as possible. The appellants, if so advised, may file appropriate application seeking the deposit of the money withdrawn by the sole respondent herein before the Court, pending final disposal of the Succession Certificate. In the event such an application is filed, the learned Trial Court shall consider the same and pass appropriate orders as it deems fit and proper. [6.] With the above observation and direction, the appeal stands disposed of. JUDGE Comparing Assistant